Savilo v Denner, 2019 NY Slip Op 01972 (4th Dept. 2019)
Plaintiff lost his threshold motion, which are common in the Fourth Department based upon their rules of establishing liability. But this was an interesting tidbit. ” Although plaintiff submitted a decision of the Social Security Administration in which an administrative law judge (ALJ) concluded that, since the date of the accident, plaintiff has a disability within the meaning of the Social Security [*2]Act, that conclusion was based on the ALJ’s finding that plaintiff has a degenerative disc disease. We therefore conclude that plaintiff was not entitled to judgment as a matter of law with respect to the permanent consequential limitation of use and significant limitation of use categories.”
The what-if’s are mind boggling.